Madanlal Nana Bhai Surtwala vs State Of Kerala
2022 Latest Caselaw 8286 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                      CRL.MC NO. 3629 OF 2022
    CRIME NO.1270/2008 OF PALLURUTHY POLICE STATION, ERNAKULAM
 AGAINST THE ORDER/JUDGMENT IN CC No.139/2019 OF     JUDICIAL FIRST
                  CLASS MAGISTRATE COURT-II, KOCHI
PETITIONERS/ACCUSED 3 & 4:

    1      MADANLAL NANA BHAI SURTWALA
           AGED 75 YEARS
           SON OF NANABHAI,
           DIRECTOR, BALAJI SEEDS AND PROCESSING PVT. LTD., D 60,
           M.I.D.C., JALGON, MAHARASHTRA STATE, PIN 425003, PIN -
           425003

    2      NILESH MADANLAL SURATWALA
           AGED 41 YEARS
           SON OF MADANLAL NANA BHAI SURTWALA,
           DIRECTOR, BALAJI SEEDS AND PROCESSING PVT. LTD., D 60,
           M.I.D.C., JALGON, MAHARASHTRA STATE,, PIN - 425003

           BY ADV S.MURALI


RESPONDENTS/STATE & DE-FACTO COMPLAINANT:

    1      STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031

    2      V.A. AUGUSTINE
           AGED 70 YEARS
           SON OF ANTONY,
           PROPRIETOR, ANTISON ENGINEERING WORKS,
           PANCHAYAT ROAD, PALLURUTHY, ERNAKULAM,
           KOCHI, PIN - 682006

           SRI.SUDHEER GOPALAKRISHNAN, PP

           BY ADV P.Y.SHEHEERA FOR R2


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3629 OF 2022
                                 2

                             ORDER

The petitioners are the accused Nos.3 & 4 in Crime

No.1270/2008 of Palluruthy Police Station, which is now pending as

C.C.No.139/2019 before the Judicial First Class Magistrate Court-II,

Kochi. The offences alleged against the petitioners/accused are

punishable under Sections 120(B), 409, 420 r/w Section 34 of the

Indian Penal Code.

2. The prosecution case is that the accused persons hatched

a criminal conspiracy with an intention to cause financial losses to

the 2nd respondent/de-facto complainant, entered into an agreement

to purchase a three stage automatic feed Copra Roaster for their

coconut oil production unit at a price of Rs.5,36,640/-. Later, they

have paid only Rs.4,15,000/- and did not issue 'C' form issued by the

Purchaser's Sale Tax Office at Jalgon, which forced the de-facto

complainant to pay additional tax for the aforesaid purchase and

thereby caused a financial loss of Rs.2,31,715/- to him. Annexure-A1

is the FIR and Annexure-A2 is the final report submitted by the

Police. This Crl.MC is filed for quashing all further proceedings

pursuant to Annexure A2 as against the petitioners herein.

3. Heard Sri.S.Murali, the learned counsel appearing for

the petitioners, Sri.Sudheer Gopalakrishnan, the learned Public CRL.MC NO. 3629 OF 2022

Prosecutor appearing for the State and Smt.P.Y.Sheheera, the

learned counsel appearing for the 2nd respondent.

4. The prayer for quashing the above proceedings is sought

for by the petitioners on the ground that the dispute between the

parties has been settled and to substantiate the same, the the de-

facto complainant/2nd respondent has sworn Annexure-A4 affidavit.

The aforesaid affidavit indicates that the matter has been settled and

the 2nd respondent has no subsisting grievance against the

petitioners herein. He also conveyed that he has no objection in

quashing the proceedings against the petitioners herein. The learned

counsel for the 2nd respondent/the de-facto complainant also

confirmed the same. The learned Public Prosecutor upon

instructions submitted that the veracity of the settlement was

verified by the Station House officer concerned and before the SHO

also, the 2nd respondent has reiterated that, he does not have any

objection in quashing the proceedings as he has no subsisting

grievance against the petitioners herein.

5. Going through the materials available on record, it is

discernible that, the dispute is basically private in nature and on

account of settlement arrived at between the parties, no purpose

would be served if the proceedings against the petitioners herein CRL.MC NO. 3629 OF 2022

were allowed to continue. In such circumstances, the chances of a

successful prosecution are very bleak. Therefore, I am of the view

that going by the decision in Gian Singh v. State of Punjab and

Another [2012(4) KLT 108], this is a fit case in which the powers

of this Court under Section 482 of the Code of Criminal Procedure

can be invoked.

Accordingly, this Crl.M.C. is allowed. Annexure-A2 final report

in Crime No.1270/2008 of Palluruthy Police Station and all further

proceedings in C.C.No.139/2019 pending before the Judicial First

Class Magistrate Court-II, Kochi as against the petitioners, who are

accused Nos.3 & 4, are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

bng CRL.MC NO. 3629 OF 2022

APPENDIX OF CRL.MC 3629/2022

PETITIONERS ANNEXURES

Annexure A1 CERTIFIED COPY OF THE F.I.R. NO.1270 DATED 14.11.2008 OF PALLURUTHY POLICE STATION, ERNAKULAM

Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED 3.3.2009 SUBMITTED BY KOCHI KASBA POLICE IN C.C. NO.139/2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOCHI WHICH AROSE FROM CRIME NO.1270/2008 OF KOCHI KASBA POLICE STATION

Annexure A3 CERTIFIED COPY OF THE DEATH CERTIFICATE OF 1ST AND 2ND ACCUSED (AS ONE PERSON) DATED 23.12.2016 ISSUED BY GOVERNMENT OF MAHARASHTRA HEALTH DEPARTMENT

Annexure A4 ORIGINAL AFFIDAVIT SHOWING THE CONSENT OF 2ND RESPONDENT TO SETTLE THE CASE DATED 2.6.2022